Domico v. Casassa
California Supreme Court
Appeal from an order of the Superior Court of Sonoma County granting a new trial. The facts are stated in the opinion of the court. In this case the damages found are not so great as to indicate that the jury acted under the influence of passion or prejudice, and therefore the court should not have disturbed the verdict. The order appealed from invades the province of the jury.
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Appeal from an order of the Superior Court of Sonoma County granting a new trial. The facts are stated in the opinion of the court. In this case the damages found are not so great as to indicate that the jury acted under the influence of passion or prejudice, and therefore the court should not have disturbed the verdict. The order appealed from invades the province of the jury. (Taylor v. California Stage Co., 6 Cal. 228; Aldrich v. Palmer, 24 Cal. 516; Bod-well v. Osgood, 3 Pick. 379; 15 Am. Dec. 228; McNamara v. King, 2 Gilm. 432; Vanzant v. Jones, 3 Dana, 464; Worford v. Isbel, 1 Bibb,…
1Opinion of the Court
Harrison, J.—
Action to recover damages for personal injuries sustained by the plaintiff at the hands of the defendant.
The jury rendered a verdict in favor of the plaintiff for seven hundred and fifty dollars. Upon a motion for a new trial by the defendant on the ground, among others, of insufficiency of the evidence to justify the verdict, the court made an order granting the motion, unless the plaintiff should within twenty days remit all of the verdict above three hundred dollars and costs, and, if such remission be made, that a new trial be denied. The plaintiff declined to remit, and has…
2Cases cited9 opinions
- Dickey v. DavisCalifornia Supreme Court · 1870
- Bjorman v. Fort Bragg Redwood Co.California Supreme Court · 1891
- Conely v. McDonaldMichigan Supreme Court · 1879
- Curtiss v. Starr & Co.California Supreme Court · 1890
- Irving v. CunninghamCalifornia Supreme Court · 1881
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3Cited by39 opinions
- Gordon v. RobertsCalifornia Supreme Court · 1912
- Newman v. Overland Pacific Railway Co.California Supreme Court · 1901
- Wallace v. SissonCalifornia Supreme Court · 1896
- Rosenberg v. Geo. A. Moore & Co.California Supreme Court · 1924
- Springer v. Pacific Fruit ExchangeCalifornia Court of Appeal · 1928
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